From our private database of 22,600+ case briefs...
McMillan v. Meuser Material and Equipment Co.
Arkansas Supreme Court
541 S.W.2d 911 (1976)
McMillan (defendant) contracted to buy a bulldozer from Meuser Material and Equipment Company (plaintiff) for $9,825. There was a miscommunication regarding the delivery date. McMillan believed the delivery date was December 21, 1973. Meuser believed the delivery date was January 1, 1974. On December 24, 1973, when delivery had not occurred, McMillan stopped payment on the check. On March 5, 1975, Meuser sold the bulldozer to a third party for $7,230. In the fourteen months between the alleged breach and Meuser’s resale of the bulldozer, there was a recession in the construction industry, and the bulldozer market declined. Meuser was aware of the decline and did not even attempt to resell the bulldozer until 1975. Meuser sued McMillan for breach of contract. The trial court awarded Meuser $2,595 in actual damages, and $105 in incidental damages to cover Meuser’s costs of servicing the bulldozer in the fourteen months after the breach. McMillan appealed.
Rule of Law
Holding and Reasoning (Holt, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 519,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 519,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 22,600 briefs, keyed to 984 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.